What is really going on in the patent world these days?  Last week I told you about the allowance of Apple’s ban on Samsung’s imports of infringing products. The Obama administration proclaimed Samsung ban bad, Apple ban good. And the American Gods were pleased. But this week, there seems to be a different narrative in the loop.

Nokia, the maker of my first flirtation device, doesn’t seem to be having the same luck as Apple these days. InterDigital, a company that states they are in the market of developing and licensing wireless technology, brought a patent infringement suit against Nokia for the use of certain mobile phone technology. The International Trade Commission (ITC) ruled in Interdigital’s favor, and Nokia appealed this decision to the U.S. Supreme Court. And here’s where it gets juicy: among the arguments presented, Nokia asserts that the ITC shouldn’t even have jurisdiction in this case.

Nokia contends that the ITC should not hear a case if the company’s business is solely to patent troll. I agree! The ITC can prevent the import of products that infringe on a patent to the detriment of a U.S. business. But is patent trolling conducting business in the US?  I think not. The ITC is allowing itself to become a shopping mall for these patent mongrels that just acquire patents with the sole purpose of litigation them and collecting royalties. Of course, InterDigital contested this label by stating that they actually research and develop patents versus just buying them to defend or sell the rights. Some of our favorite companies – Amazon, Hewlett Packard, and Red Hat – filed briefs against InterDigital with supporting evidence to the contrary. But ultimately, the whole discussion proved to be futile as the ITC determined that a business with the purpose of patent collection is still a “US business” and, thus, may be protected by import bans imposed by the ITC.

Here’s what really chaps my cheeks: the purpose of the ITC is to “treat information quality as integral to its development, including creation.”  How are they furthering this purpose when they’re hindering innovation and promoting the procurement of patents, not as a means to protect creation but as a way to obtain licensing fees?  Why should InterDigital be able to stop the import of certain 3G devices when they aren’t even making any themselves?

Given our current economic deficit, you’d think we would refrain from sustaining unfair trade practices against our own businesses.  I’m not following the logic behind the rejection of this case when it’s an issue that so conspicuously needs further discussion.

Gena.

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Featured image courtesy of [ngader via Flickr]

Gena Thomas

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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Apple recently requested an import ban against a few of Samsung’s products, including their smartphones and tablets. I doubt that this would come as a surprise to anyone familiar with Apple’s growing monopoly on mobile devices. But coming from a true Apple junkie, I cannot say that I stand by their grand scheme to overtake the technology market based on their keen ability to appeal to aesthetics.

The International Trade Commission had determined that Samsung violated two of Apple’s patents: one pertaining to the functionality of touch screen capability and another relating to headphone recognition.  The Korean company requested the ban be overturned on public policy grounds, which I agree is a suitable argument to make judging by the tit-for-tat activity that has been arisen between the two companies. But the kicker is, the Obama administration has decided that they will uphold this ban, resulting in a huge win for Apple.

Now, at first look, you may think ‘OK, what’s the problem?’ It is abnormal for the President to overturn the ITC’s decisions. And it’s worth noting that the ban will largely affect Samsung’s older products, and thus, will not result in a significant impact on the availability of Samsung’s current products.  So then why is Samsung arching its back over this decision if its newer products aren’t to be dramatically affected?

Well…

In August, the Obama Administration vetoed the ITC’s decision to ban certain Apple products, reasoning that the ban was incorrectly restricting the importation of products that were the result of standard essential patents — patents that cover inventions that must be utilized to meet technical standards. This is rarely done. It’s bad enough for Apple to be continuously rewarded for their litigious behavior, but to reverse a decision in favor of them? It almost screams political nepotism. Following this decision, the South Korean government voiced that it was “disappointed” by this ruling.  Needless to say, this determination furthers Apple’s powerful stance in the ongoing patent battles across the tech industry.

Amongst the accusations against Samsung that were not decided in Apple’s favor was an alleged violation of a design patent regarding the overall look of the iPhone. US Trade Representative Michael Froman has explained that the decision to uphold the ban is based on “policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties.” Oh, that doesn’t leave a generic impression on me at all. -__- If anything, policy and competition considerations should instruct fairness in the industry so that one company isn’t granted extraordinary favors on account of their economic girth and geographic residence.

The juxtaposition of the two rulings may have given rise to trade implications, such as the favoring of a company’s national origin. These assertions were even raised by Samsung in their request to overturn the ban. However, Froman has stood firm in his position that the two scenarios were factually different and that nationality was not considered in the determination. Ehhh.

Again, even as the owner of an iPhone, iPad, iTouch, and Macbook (don’t judge me, you shouldn’t judge people with addictions), I can’t support the government’s efforts to thwart competition in any industry. While Apple showcases the “cool” status symbol our subcultures so anxiously desire, no one can negate the innovative choices that Samsung has brought to the table for consumers.

Hasn’t anyone had a discussion with a techie eager to explain why Droid is better than iOS? At this rate, we may be on our way to having more limited debates if manufacturers that license Droid are having the rug yanked from beneath them.

Gena.

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Featured image courtesy of [renatomitra via Flickr]

Gena Thomas

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

The post Samsung Ban Upheld: Why Apple Can’t Stop Won’t Stop appeared first on Law Street.